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(영문) 서울고등법원 2016.11.25 2016나2034395
매매대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. On November 7, 2005, the Defendant purchased (hereinafter the instant sales contract) the amount of KRW 856 million from the purchase price of KRW 1,336 square meters in C (the name of the administrative district was changed to D on July 25, 201) prior to the date of Pakistan-si (the name of the administrative district was changed to D on July 25, 201), KRW 506 square meters prior to F, and KRW 516 square meters in G (hereinafter each of the instant lands). The Defendant acquired the secured debt of KRW 42,000,000 for the payment of the said purchase price from the Plaintiff on November 18, 2005, there is no particular dispute between the parties.

2. The Plaintiff’s assertion and the Defendant concluded the instant sales contract, and the Defendant completed the registration of ownership transfer on November 9, 2005 with respect to each of the instant lands, so the Defendant, the buyer, is obligated to pay to the Plaintiff, the Plaintiff, the seller, the purchase price of KRW 856 million, less the Defendant’s debt acquisition amount of KRW 420 million and KRW 240 million paid to the Plaintiff on November 11, 2005, after deducting the Defendant’s debt acquisition amount of KRW 420 million from the purchase price stipulated in the instant sales contract, and the Defendant’s payment delay damages for the remaining purchase price of KRW 196 million ( KRW 856 million - KRW 420 million - KRW 240 million).

In addition, since the Plaintiff paid 6.9 million won to each of the lands of this case on behalf of the Defendant, the Defendant is obligated to pay the above amount and damages for delay to the Plaintiff.

3. Determination

A. According to the above facts, barring any special circumstance, the Defendant asserts that, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 196 million (the agreed purchase price of KRW 856 million - KRW 420 million - the amount of debt acquisition amount of KRW 420 million - the amount of the Plaintiff’s reimbursement of KRW 240 million - the amount of the Plaintiff’s reimbursement of KRW 20 million), and damages for delay thereof. 2) The Defendant paid the remainder of the purchase price of KRW 196 million.

In full view of the descriptions of evidence Nos. 2 and 10-1, 2, 8 and 9, and the purport of the whole pleadings with the testimony of the witness H of the first instance court, the defendant shall be the defendant.

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